Archive for May, 2012

Luas Accident Compensation Approved in Court

May 25th, 2012. By Compensation News.

A settlement of Luas accident compensation has been approved in court almost five years after the accident occurred.

Derek Cross, aged 52, of Clondalkin, Dublin, was crossing the Naas dual carriageway in order to catch a taxi home in the early hours of 15 September 2007, after drinking at the Bluebell United Football Club until 1.30am following a golf outing with friends.

As he crossed the road to reach the Red Cow Hotel taxi stop, Derek was struck by a Luas tram arriving from Kylemore. The impact with the tram left him with multiple rib fractures and a traumatic brain injury which has resulted in Derek only being able to walk with the help of crutches and unable to work.

Derek made a claim for Luas accident compensation against the Luas tram service operators, the Railway Procurement Agency and Veolia Transport – claiming that they had failed to take reasonable steps to provide appropriate signage and safe passage for pedestrians who were crossing the road lawfully.

Ms Justice Mary Irvine at the High Court heard that the defendants had refuted the claims based on Derek´s significant contribution to his injuries due to his intoxicated state. However, an out-of-court settlement of 650,000 Euros had been negotiated which was before her for approval.

Approving the settlement for Luas accident compensation, Ms Justice Mary Irvine said that it was an exceptionally good offer under the circumstances of the case, as if the claim for Luas accident compensation had gone to trial there was a risk of losing the case.

Brain Operation Negligence Compensation Awarded

May 23rd, 2012. By Compensation News.

An ex-paramedic, who was left severely disabled after doctors removed the wrong part of his brain, has accepted a seven figure settlement of compensation for negligent brain operation from the NHS Trust responsible for the error.

John Tunney (63) from Sutton Coldfield, West Midlands, underwent the procdure in April 2008 after an MRI scan had revealed abnormalities around his pituitary gland. However, instead of extracting the tumour, surgeons took away healthy tissue during the operation which resulted in John´s brain haemorrhaging.

The error left John partly blind and requiring 24 hour care. He later found that the operation had not even been necessary as doctors had failed to check the results of a blood test which would have revealed that John was suffering from prolactinoma – a benign and common pituitary tumour which can be treated with tablets.

After taking legal guidance, John – who worked for the West Midlands Ambulance Service as a paramedic for 23 years – made a claim for negligent brain operation compensation against the University Hospitals Coventry and Warwickshire NHS Trust and, after an investigation, the NHS Trust admitted liability for the dual error.

John´s solicitors entered into negotiations with University Hospitals Coventry and Warwickshire NHS Trust over how much compensation for negligent brain operation should be awarded and, although details of the final settlement have not been released, a settlement in excess of one million pounds has been agreed.

Child Compensation for a Fall in Toy Shop Approved in Court

May 21st, 2012. By Compensation News.

A girl of five, who will be left with a permanent scar after a fall in Hamleys, has had a settlement of child compensation for a fall in toy shop approved at the Circuit Civil Court.

Brianna Healy (5) from Ballinteer, Dublin, was just two-years-old when she fell and banged her head at the Hamleys Store in Dundrum, Dublin, on 23rd February 2009. Due to the incident, Brianna will have a scar on her face for the rest of her life.

At the Circuit Civil Court, Mr Justice Matthew Deery heard that the store had accepted liability for Brianna´s injury, but the family had not been satisfied with the original offer of compensation for a fall in toy shop and had taken legal advice.

A revised offer of 27,500 Euros was settled upon, which the family were happy with, and after hearing that the case was before him for the approval of damages, Mr Justice Matthew Deery approved the settlement and wished Brianna well for the future.

Work Injury Claims for Slips, Trips and Falls Most Common in Ireland

May 8th, 2012. By Compensation News.

Figures from the Injuries Board, released to coincide with “World Day for Health and Safety at Work” have revealed that work injury claims for slips, trips and falls are among the most common in Ireland.

Along with injuries suffered due to defective equipment and poor manual handling of goods, slips trips and falls in the workplace – especially in the manufacturing and production sectors – contributed substantially towards the total of 22,500,000 Euros assessed by the Injuries Board throughout 2011 in relation to work injury claims in Ireland.

Although the total value of Ireland work injuries claims decreased significantly from 2010, InjuriesBoard.ie chief executive Patricia Byron was quick to dismiss claims that workplace health and safety in Ireland was improving by comparing work injury claims in Ireland with a smaller work force.

“While our figures point to a downward trend in the number of claims for workplace accidents,” she said “the main driver for this is a contracting workforce rather than any notable advances in workplace health and safety programmes. We understand that businesses today are under constant pressure to drive efficiencies, often operating with scarce resources, but cutting corners on employee safety is a cut too far. We are continually surprised by the volume of such foreseeable and preventable claims.”